VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00097
Package ID: USCOURTS-cofc-1_14-vv-00097
Petitioner: Robert Petrucelli
Filed: 2014-02-04
Decided: 2014-10-24
Vaccine: influenza
Vaccination date: 2012-08-31
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 225000

AI-assisted case summary:
Robert Petrucelli filed a petition on February 4, 2014, alleging that he developed Guillain-Barre Syndrome (GBS) as a result of receiving an influenza vaccine on or about August 31, 2012. He further alleged that he experienced residual effects of his injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused his GBS or any other injury. Despite this denial, the parties filed a joint stipulation on damages, agreeing that Mr. Petrucelli should receive compensation. The Special Master found the stipulation reasonable and adopted it as the decision of the Court. Mr. Petrucelli was awarded a lump sum of $225,000.00 for all damages. Additionally, the parties filed a separate stipulation for attorneys' fees and costs, requesting $17,447.52. The Special Master granted this request, ordering the payment jointly to Mr. Petrucelli and his attorney. The case was resolved through these stipulations, with judgment entered accordingly.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00097-0
Date issued/filed: 2014-10-24
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/25/2014) regarding 21 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-00097-UNJ Document 29 Filed 10/24/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-97V
Filed: September 25, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
ROBERT PETRUCELLI, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Guillain-Barre Syndrome (“GBS”);
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Anne C. Toale, Maglio Christopher and Toale, Sarasota, FL, for petitioner.
Gordon E. Shemin, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On February 4, 2014, Robert Petrucelli (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleged that, as a result of receiving an influenza (“flu”) vaccine on or about August
31, 2012, he developed Guillain-Barre Syndrome (“GBS”). Stipulation ¶ 2, 4, filed Sept. 25,
2014. Further, petitioner alleged that he experienced residual effects of his injury for more than
six months. Id. at ¶ 4.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116
Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by
Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any
information furnished by that party: (1) that is a trade secret or commercial or financial in
substance and is privileged or confidential; or (2) that includes medical files or similar files, the
disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule
18(b).
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:14-vv-00097-UNJ Document 29 Filed 10/24/14 Page 2 of 7
On September 25, 2014, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that the flu immunization caused
petitioner’s alleged GBS or any other injury or condition. Id. at ¶ 6. Nevertheless, the parties
agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the
stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the
terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $225,000.00, in the form of a check payable to petitioner, Robert
Petrucelli. This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
Id. at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
The clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of
the parties’ stipulation.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

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Case 1:14-vv-00097-UNJ Document 29 Filed 10/24/14 Page 5 of 7

Case 1:14-vv-00097-UNJ Document 29 Filed 10/24/14 Page 6 of 7

Case 1:14-vv-00097-UNJ Document 29 Filed 10/24/14 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00097-1
Date issued/filed: 2014-10-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/01/2014) regarding 26 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-00097-UNJ Document 30 Filed 10/24/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-97V
Filed: October 1, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
ROBERT PETRUCELLI, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation;
v. * Attorneys’ Fees and Costs;
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Anne C. Toale, Maglio Christopher & Toale, Sarasota, FL, for petitioner.
Gordon E. Shemin, United States Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
On February 4, 2014, Robert Petrucelli (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleged that as a result of receiving an influenza (“flu”) vaccine on or about August 31,
2012, he developed Guillain Barre Syndrome (“GBS”). Petition at ¶¶ 1, 6. On September 25,
2014, the parties filed a stipulation in which they agreed to an award of compensation to
petitioner. On the same day, the undersigned issued a Decision adopting the parties’ stipulation
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116
Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by
Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any
information furnished by that party: (1) that is a trade secret or commercial or financial in
substance and is privileged or confidential; or (2) that includes medical files or similar files, the
disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule
18(b).
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:14-vv-00097-UNJ Document 30 Filed 10/24/14 Page 2 of 2
for an award. See Decision on J. Stip., filed Sept. 25, 2014.
On September 30, 2014, the parties filed a stipulation of fact concerning attorneys’ fees
and costs, attached hereto as Appendix A. Petitioner requests a total award of attorneys’ fees and
costs in the amount of $17,447.52. In accordance with General Order #9, petitioner represents
that he did not personally incur costs related to the litigation of this matter. See Stipulation of
Fact Concerning Attorneys’ Fees and Costs at ¶ 5, filed Sept. 30, 2014.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §
300 aa-15(e). Based on the reasonableness of petitioner’s motion, the undersigned GRANTS the
request for approval and payment of attorneys’ fees and costs.
Accordingly, an award should be made as follows:
(1) in the form of a check jointly payable to petitioner and to petitioner’s attorney, Anne
C. Toale, of Maglio Christopher & Toale in the amount of $17,447.52.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance herewith.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2